Mumbai, July 20, 2022 – In a ruling that has drawn attention to the complexities of bail proceedings, the Additional Sessions Judge Shri. M.S. Kulkarni granted bail to Ravi Chandra Loda (22) and Ashish Tukaram Kule (26), accused in a violent assault case registered at R.C.F. Police Station. The incident, which occurred on July 2nd, 2022, involved allegations of grievous hurt, assault, and criminal intimidation.

The case, registered as C.R. No. 468 of 2022, stemmed from an altercation at Qubik Mall in Chembur. According to the First Information Report (FIR), the complainant was initially confronted by Kalu Dhanawat, an accomplice of the accused, while speaking with a security guard. Following this initial confrontation, the complainant fled into the mall, where he was allegedly chased and assaulted by Loda, Kule, and Dhanawat.

The prosecution’s case highlighted the severity of the assault, particularly the allegation that Ravi Chandra Loda struck the complainant on the head with an AC sheet, causing a bleeding injury and blood to ooze from his eyes and nose. Loda and Kule were arrested on July 3rd, 2022, and have been in custody since.

During the bail hearing, Advocate Pawan Chavan, representing the accused, argued for their release, emphasizing that they are permanent residents of Mumbai and had been falsely implicated. He also pointed out that the investigation was complete and the complainant had been discharged from the hospital on July 5th, 2022.

The State, represented by Ld. APP Mrs. Raykar, strongly opposed the bail application, citing the serious nature of the offences and the potential risk of the accused committing further crimes or fleeing from justice.

However, the court noted that Kalu Dhanawat, another accused in the same case, had already been granted bail on July 11th, 2022. While the court acknowledged the serious allegation against Loda regarding the AC sheet assault, it also considered the fact that the complainant had been discharged from the hospital and that the prosecution had not presented a medical certificate detailing the gravity of the injuries.

“No doubt this act of the applicant/accused no.1 is serious in nature,” stated Judge Kulkarni in his oral order, “But the fact is that the first informant is discharged from the hospital on 05.07.2022, and no medical certificate of him is put on record by the prosecution to show gravity of the injury.”

Ultimately, the court granted bail to both Ravi Chandra Loda and Ashish Tukaram Kule, citing grounds of parity and the lack of conclusive medical evidence regarding the complainant’s injuries. They were ordered to furnish a Personal Recognizance (PR) bond of Rs. 25,000 each, along with one or two sureties of the same amount.

Additionally, a provisional cash security of Rs. 25,000 was allowed, valid for two months, within which the accused must furnish the required sureties. The court also stipulated that the accused must not tamper with evidence and must cooperate with the investigating officer.

The ruling has sparked discussions regarding the balance between the severity of alleged offences and the fundamental right to liberty. The decision underscores the importance of medical evidence in determining the gravity of injuries in assault cases and the application of the principle of parity in bail proceedings.

The order was dictated on July 13th, 2022, typed on July 14th, 2022, and signed on July 15th, 2022. It was uploaded on July 20th, 2022.